Establishing an Environmental Impact Statement System, Including Other

PRESIDENTIAL DECREE NO. 1586

[ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT RELATED MEASURES

AND FOR OTHER PURPOSES]

WHEREAS, the pursuit of a comprehensive and integrated environmental protection program

necessitates the establishment and institutionalization of a system whereby the

exigencies of socio-economic undertakings can be reconciled with the requirements of

environmental quality;

WHEREAS, the regulatory requirements of Environmental Impact Statements and Assessments

instituted in pursuit of this national environmental protection program have to be worked

into their full regulatory and procedural details in a manner consistent with the goals

of the program.

NOW, THEREFORE, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the

powers vested in me by the Constitution do hereby order and declare:

Section 1

Policy

It is hereby declared the policy of the State to attain and maintain a rational and

orderly balance between socio-economic growth and environmental protection.

Section 2

Environmental Impact Statement System

There is hereby established an Environmental Impact Statement System founded and based on

the environmental impact statement required, under Section 4 of Presidential Decree No.

1151, of all agencies and instrumentalities of the national government, including

government-owned or controlled corporations, as well as private corporations, firms and

entities, for every proposed project and undertaking which significantly affect the

quality of the environment.

Section 3

Determination of Lead Agency

The Minister of Human Settlements or his designated representative is hereby authorized

to name the lead agencies referred to in Section 4 of Presidential Decree No. 1151 which

shall have jurisdiction to undertake the preparation of the necessary environmental

impact statements on declared environmentally critical projects and areas. All

Environmental Impact Statements shall be submitted to the National Environmental

Protection Council for review and evaluation.

Section 4

Presidential Proclamation of Environmentally Critical Areas and Projects

The President of the Philippines may, on his own initiative or upon recommendation of the

National Environmental Protection Council, by proclamation declare certain projects,

undertakings or areas in the country as environmentally critical. No person, partnership

or corporation shall undertake or operate any such declared environmentally critical

project or area without first securing an Environmental Compliance Certificate issued by

the President or his duly authorized representatives. For the proper management of said

critical project or area, the President may by his proclamation reorganize such

government offices, agencies, institutions, corporations or instrumentalities including

the re-alignment of government personnel, and their specific functions and

responsibilities.

For the same purpose as above, the Ministry of Human Settlements shall:

a. prepare the proper land or water use pattern for said critical project(s) or

area(s);

b. establish ambient environmental quality standards;

c. develop a program of environmental enhancement or protective measures against

calamitous factors such as earthquake, floods, water erosion and others, and

d. perform such other functions as may be directed by the President from time to

time.

Section 5

Environmentally Non-Critical Projects

All other projects, undertakings and areas not declared by the President as

environmentally critical shall be considered as non-critical and shall not be required to

submit an environmental impact statement. The National Environmental Protection Council,

thru the Ministry of Human Settlements may however require non-critical projects and

undertakings to provide additional environmental safeguards as it may deem necessary.

Section 6

Secretariat

The National Environmental Protection Council is hereby authorized to constitute the

necessary secretariat which will administer the Environmental Impact Statement System and

undertake the processing and evaluation of environmental impact statements.

Section 7

Management and Financial Assistance

Ministry of Human Settlements is hereby authorized to provide management and financial

support to government offices and instrumentalities placed under its supervision pursuant

to this Decree financed from its existing appropriation or from budgetary augmentation as

the Minister of Human Settlements may deem necessary.

Section 8

Rules and Regulations

The National Environmental Protection Council shall issue the necessary rules and

regulations to implement this Decree. For this purpose, the National Pollution Control

Commission may be availed of as one of its implementing arms, consistent with the powers

and responsibilities of the National Pollution Control Commission as provided in P.D. No.

984.

Section 9

Penalty for Violation

Any person, corporation or partnership found violating Section 4 of this Decree, or the

terms and conditions in the issuance of the Environmental Compliance Certificate, or of

the standards, rules and regulations issued by the National Environmental Protection

Council pursuant to this Decree shall be punished by the suspension or cancellation of

his/its certificate and/or a fine in an amount not to exceed Fifty Thousand Pesos

(P50,000.000) for every violation thereof, at the discretion of the National

Environmental Protection Council.

Section 10

Environmental Revolving Fund

Proceeds from the penalties prescribed in the preceding Section 9 and other penalties

imposed by the National Pollution Control Commission as authorized in P.D. 984, shall be

automatically appropriated into an Environment Revolving Fund hereby created as an

exemption to P.D. 711 and P.D. 1234. The fund shall be used exclusively for the operation

of the National Environmental Protection Council and the National Pollution Control

Commission in the implementation of this Decree. The rules and regulations for the

utilization of this fund shall be formulated by the Ministry of Human Settlements and

submitted to the President for approval.

Section 11

Repealing Clause

The Inter-Agency Advisory Council of the National Pollution Control Commission created

under Section 4 of P.D. 984 is hereby abolished and its powers and responsibilities are

forthwith delegated and transferred to the Control of the National Environmental

Protection Council.

All other laws, decrees, executive orders, rules and regulations inconsistent herewith

are hereby repealed, amended or modified accordingly.

Section 12

Effectivity Clause

This Decree shall take effect immediately.

Approved: June 11, 1978